Do you want a jury trial for nursing home neglect?

Earlier today, the Superior Court in Pennsylvania decided a case about whether arbitration was the only option in a nursing home neglect case.

The facts are very specific, and if you are considering taking action because a loved one has been injured due to nursing home neglect, may I first advise you to call us to discuss rather than using your own judgment to determine how this decision might affect your situation.

A man died following "care" in a nursing home. His brother represented his estate. This is key, because the court found that a brother does not have rights under the wrongful death statute in Pennsylvania. Ok. Jump back. You need a bit more information. In Pennsylvania, there are two potential claims following death. One is called a survival action which is basically the continuing right of a deceased person to bring suit after they passed away, and had been injured by another's negligence prior to their death. If the negligence of another person also resulted in their death, then a claim called, wrongful death, may also be brought. This is a claim created by laws passed by the legislature in our Commonwealth. There are only specific listed beneficiaries of this claim. This is why the brother is key to the decision. The Court noted the wrongful death statute does not include the brother as the beneficiary, and therefore he could not bring the action.

Remember the whole point of this case, was for ManorCare to get this case into arbitration it chose, and a very sick man agreed to when he came to their long term care facility. It doesn’t mean that there is no case, just that this family has a more difficult time because they cannot bring the case to a jury of their peers.

This new opinion does not apply when a spouse or a child of a person who dies due to nursing home neglect wants to bring a case, and be the administrator of the estate.

At Schmidt Kramer, we are willing to discuss your potential nursing home case. We will help you evaluate whether your case would be in front of a jury or a panel of arbitrators. If your case ends up in front of a jury or in front of a panel of lawyers, we will fight for the best result in your case.

Recent Results click below to expand

Gerry Kramer won a personal injury action for $10,043,952.13 in Northumberland County on behalf of a volunteer firefighter who was the victim of Intentional Tort. The 50-year-old volunteer firefighter was seriously injured when a barn collapsed, causing a spinal injury which left him a paraplegic. The claim was brought against the arsonist who intentionally started the fire. It is believed that the verdict is the highest ever in Northumberland County.

A couple from New Berlin, Pennsylvania was awarded over $4,000,000 because the husband was shot while turkey hunting. The 51 year old client lost his sight because a convicted felon - who should not have even possessed a gun - went hunting illegally, and broke with impunity the most fundamental rule in hunting: identify your target before you pull the trigger.

Scott Cooper obtained a verdict on behalf of his client who is the widow of a man who died in a crash on Interstate 78 in Lebanon County. The awarded verdict of $2.2 million was in a nonjury proceeding before a federal judge in the Middle District of Pennsylvania. That verdict includes $100,000 in punitive damages assessed against the owner of the trucking company.

Scott Cooper settled a wrongful death case on behalf of the widow of a police office who was killed in a car accident in the line of duty for $1,024,040.80. The claim against the other driver was amicably resolved before suit was filed for the entire available policy limits for the other driver. The case took place in Adams County, PA.

Gerry Kramer won a $950,000.00 suit in Perry County for a motor vehicle accident. The personal injury action for a wrongful death was filed on behalf of a 19-year-old female killed in the accident. The victim was a passenger in a vehicle that left the roadway striking a fixed object.

Scott Cooper settled a wrongful death claim for $742,000 on behalf of a the estate of a trash worker killed in a car accident in Franklin County. The case was amicably resolved for all of the available insurance policy coverage for the other driver and under insured motorist carrier. Also, Mr. Cooper was able to amicably resolved all subrogation interests with the worker's compensation carrier for a lump sum and agreement for the subrogation claim to be waived in full.

Gerry Kramer won a $215,000.00 personal injury action on behalf of a drunk driving victim in York County. The victim was a 56-year-old man who was struck by drunk driver in Lancaster County, PA. He suffered a subdural hematoma which resulted in severe headaches.

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